(1) Any private person may arrest or cause to
be arrested any person who in his presence commits a non-bailable and
cognizable offence, or any proclaimed offender, and, without unnecessary delay,
shall make over or cause to be made over any person so arrested to a police
officer, or, in the absence of a police officer, take such person or cause him
to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions
of section 41, a police officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cognizable
offence, and he refuses on the demand of a police officer to give his name and
residence, or gives a name or residence which such officer has reason to
believe to be false, he shall be dealt with under the provisions of section 42;
but if there is no sufficient reason to believe that he has committed any
offence, he shall be at once released.